September 21, 2007

The “other” Atlantic Yards legal cases return to court

Atlantic Yards Report

Norman Oder explains the background and status of the other eminent domain cases:

While many Atlantic Yards watchers are anticipating the October 9 oral argument in the appeal of the dismissal of the federal eminent domain lawsuit and expecting a decision soon in the state case challenging the project environmental review, two other cases, both involving 13 renters in two buildings, are moving toward arguments in court.

One of the cases, which challenges the Empire State Development Corporation’s (ESDC) relocation offer, in fact is the only case formally blocking the agency from moving to condemn properties. “At minimum, they can’t do anything to my clients until the case is over,” said George Locker, attorney for the plaintiffs, at 624 Pacific Street and 473 Dean Street.

The state has promised to provide the services of a real estate broker, moving assistance, and a $5000 payment—but that, Locker argues, will hardly guarantee similarly affordable housing. (Of the 13 plaintiffs, 12 have rent-stabilized leases, and many pay rents that are $500-$600.)

That case, which was not heard in a trial court but will be argued directly in an appellate court, will be heard by the Appellate Division, Second Department, 45 Monroe Place, Brooklyn, on October 4 at 10 a.m.

(Must the ESDC also wait until the eminent domain case is resolved to move forward with condemnation of properties involved in that case? Technically, no, I believe, but it’s likely the state will be cautious and wait until resolution.)

The other case involves an appeal of a lower court decision declaring residential rental tenants to be condemnees, with an ownership interest in their lease. Justice Walter Tolub in May dismissed the case, saying that the case belonged instead in the appellate court, where challenges to eminent domain determinations are supposed to be heard, but without the advantages of a trial. That appeal will be heard in the First Department, 27 Madison Avenue, Manhattan, after 2 pm on September 26.